Deadline for submissions for an application for relief from sanctions?

[AshDunn]

Is it two days before?

[AshDunn]

Or is it two years?

[atticus]

The lack of information is stupendous. What is this all about?

[AshDunn]

lol it's an application to cancel a default judgment. No directions regarding submissions were noted on the order for the hearing. It is next week, and half an hour only.

[R0b]

Unless the court order says otherwise, all submissions are made orally at the hearing.

[AshDunn]

Thank you.

If I want to play a video, do I just take it to the hearing?

[R0b]

Nope, that's evidence that needs to be submitted beforehand depending on whether you are making the application or opposing it. If you make the application, you should have served that as evidence when you made your witness statement. If you are opposing the application, the rules state you must file a witness statement as soon as possible and/or in accordance with the timings giving in the court order (if applicable).

Practice Direction 23A, paragraphs 7.1-7.4 are relevant.

7.1 Where it is intended to rely on evidence not contained in the application itself, the evidence should be served with the application unless it has already been served.

7.2 Where a respondent wishes to rely on evidence which has not yet been served they should serve it as soon as possible and in accordance with any directions of the court.

7.3 If it is necessary for the applicant to serve any evidence in reply it should be served as soon as possible and in accordance with any directions of the court.

7.4 Evidence must be filed with the court as well as served on the parties. Exhibits to witness statements should not be filed unless the court directs otherwise.

[AshDunn]

Thank you. What is the difference between exhibits and evidence?

[atticus]

None. An exhibit is something being put in evidence.

[R0b]

They are one and the same, with the difference being the process of documenting them.

Exhibits are evidence in the form of documents, video, other media etc. which is attached to a witness statement in order to be relied on in court. Each piece of evidence would usually be appended to the witness statement as an exhibit, numbered sequentially and referred to in the body of the witness statement. So in a witness statement it might say, I refer to Exhibit AB1 which confirms .... and Exhibit AB1 will contain that particular piece of evidence.

If the rules say you do not need to attach the evidence in the form of an exhibit to a witness statement, then you simply file your witness statement along with the evidence separately.

I believe there are rules on video evidence which usually requires it to be submitted as a USB stick for the court to be able to play at the hearing, though you should always have a back up in case the curt does not have the facilities to do so in which case you should maybe bring a device that can play back the video e.g. laptop or tablet device.

[AshDunn]

Many thanks!